HB 424: "An Act relating to review of regulations under the Administrative Procedure Act by the Legislative Affairs Agency; and providing for an effective date."
00 HOUSE BILL NO. 424 01 "An Act relating to review of regulations under the Administrative Procedure Act by 02 the Legislative Affairs Agency; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 24.20 is amended by adding a new section to read: 05 Sec. 24.20.105. Review of regulations. (a) The Department of Law shall 06 submit each proposed adoption, amendment, or repeal of a regulation that it works on 07 under AS 44.62.125(b)(4) to the Legislative Affairs Agency before notice of the 08 proposed action is given under AS 44.62.190 or a public hearing is held on the 09 proposal. The Legislative Affairs Agency shall review each proposal to determine 10 whether the 11 (1) agency making the proposal has express or implied authority to 12 adopt, amend, or repeal the regulation; 13 (2) proposal implements, interprets, makes specific, or otherwise 14 carries out a statute;
01 (3) proposal is consistent with the statute; 02 (4) proposal is reasonably necessary to carry out the purpose of the 03 statute; and 04 (5) proposal is clear, grammatically and structurally sound, and 05 understandable by those affected. 06 (b) In conducting its review of a proposal, the Legislative Affairs Agency may 07 consult with the Department of Law and make recommendations for changes in the 08 proposal. If changes are made in the proposal, the Legislative Affairs Agency shall 09 continue its review of the proposal as changed. At the completion of its review, the 10 Legislative Affairs Agency shall notify the Department of Law in writing of its 11 conclusions. If the Legislative Affairs Agency determines that the proposal fails to 12 meet the requirements of AS 44.62.030, it shall also send a copy of its conclusions to 13 the Administrative Regulation Review Committee. 14 (c) A proposal submitted to the Legislative Affairs Agency for review under 15 this section may not be adopted until after the Department of Law receives notice from 16 the Legislative Affairs Agency that the review has been completed. 17 (d) The Legislative Affairs Agency may not release any information regarding 18 its receipt or review of a proposal under this section except to the Department of Law 19 or to the Administrative Regulation Review Committee. 20 * Sec. 2. AS 44.62.125(b) is amended by adding a new paragraph to read: 21 (8) submit each proposed adoption, amendment, or repeal of a 22 regulation that the department works on under (4) of this subsection to the Legislative 23 Affairs Agency for review under AS 24.20.105. 24 * Sec. 3. AS 44.62.250 is amended to read: 25 Sec. 44.62.250. Emergency regulations. A regulation or order of repeal may 26 be adopted as an emergency regulation or order of repeal if a state agency makes a 27 written finding, including a statement of the facts that constitute the emergency, that 28 the adoption of the regulation or order of repeal is necessary for the immediate 29 preservation of the public peace, health, safety, or general welfare. The requirements 30 of AS 24.20.105, AS 44.62.040(c), 44.62.060, 44.62.125(b)(8), and 44.62.190 - 31 44.62.215 do not apply to the initial adoption of emergency regulations; however,
01 upon adoption of an emergency regulation the adopting agency shall immediately 02 submit a copy of it to the lieutenant governor for filing and for publication in the 03 Alaska Administrative Register, and within five days after filing by the lieutenant 04 governor the agency shall give notice of the adoption in accordance with 05 AS 44.62.190(a). Failure to give the required notice by the end of the 10th day 06 automatically repeals the regulation. 07 * Sec. 4. AS 44.62.260 is amended to read: 08 Sec. 44.62.260. Limitation on effective period of emergency regulations. 09 (a) A regulation adopted as an emergency regulation does not remain in effect more 10 than 120 days unless the adopting agency complies with AS 24.20.105, 11 AS 44.62.040(c), 44.62.060, 44.62.125(b)(8), and 44.62.190 - 44.62.215 either before 12 submitting the regulation to the lieutenant governor or during the 120-day period. 13 (b) Before the expiration of the 120-day period, the agency shall transmit to 14 the lieutenant governor for filing a certification that AS 24.20.105, AS 44.62.040(c), 15 44.62.060, 44.62.125(b)(8), and 44.62.190 - 44.62.215 were complied with before 16 submitting the regulation to the lieutenant governor, or that the agency complied with 17 those sections within the 120-day period. Failure to so certify repeals the emergency 18 regulation; it may not be renewed or refiled as an emergency regulation. 19 * Sec. 5. This Act takes effect July 1, 2004.